A testator (/tɛsˈteɪtɔːr/) is a person who has written and executed a last will and testament that is in effect at the time of his/her death.[1] It is any "person who makes a will."[2]
Related terms
- A female testator is sometimes referred to as a testatrix (/tɛsˈteɪtrɪks/), plural testatrices (/tɛstəˈtraɪsiːs/), particularly in older cases.[2]
- In Ahmadiyya Islam, a testator is referred to as a moosi,[3] who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Promised Messiah, thus committing a portion, not less than one-tenth, of his lifetime earnings and any property to a cause.
- The adjectival form of the word is testamentary, as in:
- Testamentary capacity, or mental capacity or ability to execute a will and
- Testamentary disposition, or gift made in a will (see that article for types).
- Testamentary trust, a trust that is created in a will.
- A will is also known as a last will and testament.
- Testacy means the status of being testate, that is, having executed a will. The property of such a person goes through the probate process.
- Intestacy means the status of not having made a will, or to have died without a valid will. The estate of a person who dies intestate, undergoes administration, rather than probate.
- The attestation clause of a will is where the witnesses to a will attest to certain facts concerning the making of the will by the testator, and where they sign their names as witnesses.
See also
- Witnessing of a testator's will
References
- ^ "Law dictionary on line". Dictionary.law.com. 2010-12-09. Retrieved 2012-03-26.
- ^ a b Gordon Brown, Administration of Wills, Trusts, and Estates, 3d ed. (2003), p. 556. ISBN 0-7668-5281-4.
- ^ Khairallah, Ibrahim A. (1941). The law of inheritance in the Republics of Syria and Lebanon. Original from the University of Michigan: American Press. pp. 228–258.